Entries from December 2010
Public Notices
State of Georgia, County of Lamar
All creditors of the estate of Yvonne Barber Hardaway, deceased, late of Lamar County, Georgia, are hereby notified to render their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to the undersigned.
This the 23rd day of Nov., 2010.
Marsha Y. Hardaway, 258 Wilson St., Barnesville, GA 30204 (11-30)(4)(p)gpn7
State of Georgia, County of Lamar
All creditors of the estate of Barron Virgil Bevil, deceased, late of Lamar County, Georgia, are hereby notified to render their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to the undersigned.
This the 24th day of Nov., 2010.
William Larry Bevil, 297 Clem Lowell Rd., Carrollton, GA 30116 (11-30)(4)(p)gpn7
State of Georgia, County of Lamar, Notice of Sale Under Power
Because of a default in the payment of the indebtedness secured by a Security Deed executed by Antoinette K. Lawrence and Donald A. Watts to Mortgage Electronic Registration Systems, Inc. dated September 30, 2005, and recorded in Deed Book 545, Page 129, Lamar County Records, said Security Deed having been last sold, assigned, transferred and conveyed to EverBank, by Assignment , securing a Note in the original principal amount of $116,065.00, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, January 4, 2011, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
All that tract or parcel of land lying and being in Land Lot 3 of the Third Land District, Lamar County, Georgia, being more particularly known and designated as Lot 13 C as shown on a survey prepared by Donald D. Brooks, Georgia Registered Land Surveyor No. 2418, dated September 10, 2002, and recorded in Plat Book 14, Page 368, Clerk's Office, Lamar County Superior Court, to which legal reference is made for a more complete and accurate description.
Said property is known as 346 Evans Road, Milner, GA 30257, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney's fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of Antoinette K. Lawrence and Donald A. Watts, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Antoinette K. Lawrence and Donald A. Watts, and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney's fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law.
EverBank as Attorney-in-Fact for Antoinette K. Lawrence and Donald A. Watts
File no. 08-003376
Shapiro & Swertfeger, LLP*, Attorneys and Counselors at Law, 2872 Woodcock Blvd., Suite 100, Atlanta, GA 30341-3941, (770) 220-2535/KB
www.swertfeger.net
* The law firm is acting as a debt collector. Any information obtained will be used for that purpose.
(11-30)(5)(ts)(aff)(p)gpn11
Notice of Sale Under Power, Lamar County
Pursuant to the Power of Sale contained in a Security Deed given by Nathan K. Adkerson to Mortgage Electronic Registration Systems Inc as nominee for Opteum Mortgage, a division of Metrocities Mortgage, LLC dated 8/29/2008 and recorded in Deed Book 680 Page 269, Lamar County, Georgia records; as last transferred to Wells Fargo Bank, NA by Assignment filed for record in Lamar County, Georgia records, conveying the after-described property to secure a Note in the original principal amount of $ 103,882.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door of Lamar County, Georgia, within the legal hours of sale on the first Tuesday in January, 2011 (January 4, 2011), the following described property:
All That Tract Or Parcel Of Land Lying And Being In Land Lot 21 Of The 7th District Of Lamar County, Georgia, Lying On The Western Side Of Berry Road, And Being More Particularly Described As Tract 8a. Containing 2.06 Acres As Shown On Plat Of Survey Entitled "Survey For Brac Development, LLC, Prepared By Neal L. Benefield, Registered And Surveyor No. 2618, Dated October 17, 2005, Recorded In Plat Book 15, Page 250, Lamar County Records. The Description Of Said Property As Contained On Said Plat Is Hereby Incorporated Herein And By Reference Made A Part Hereof.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property is commonly known as 178 Berry Road, Barnesville, Georgia 30204 together with all fixtures and personal property attached to and constituting a part of said property, if any. To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property is (are): Nathan K. Adkerson and Dana Holcomb or tenant or tenants.
Said property will be sold subject to: (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) the right of redemption of any taxing authority, (c) any matters which might be disclosed by an accurate survey and inspection of the property, and (d) any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) final confirmation and audit of the status of the loan with the holder of the Security Deed. Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and non-judicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided immediately above.
Wells Fargo Bank, NA as agent and Attorney in Fact for Nathan K Adkerson
Aldridge Connors, LLP, 780 Johnson Ferry Road, NE, Suite 600, Atlanta, Georgia 30342, (678) 894-3400.
This law firm may be acting as a debt collector attempting to collect a debt. Any information obtained will be used for that purpose.
1000-3791
(11-23)(6)(p)(ts)(aff)gpn11
State of Georgia, County of Lamar, Notice of Sale Under Power
Under and by virtue of the power of sale contained in a Security Deed from Barnesville Ventures, LLC to Southern Community Bank dated October 28, 2005, recorded November 1, 2005, in Deed Book 549, Page 152, Lamar County, Georgia records, as modified by Modification of Security Deed dated March 12, 2007, recorded in Deed Book 621, Page 41, Lamar County, Georgia records, as transferred to United Community Bank pursuant to that certain Purchase and Assumption Agreement dated as of June 19, 2009, by and among United Community Bank, The Federal Deposit Insurance Corporation, Receiver of Southern Community Bank and The Federal Deposit Insurance Corporation, and as assigned to UNITED COMMUNITY BANK by Assignment to be recorded in the Lamar County Records, said Security Deed being given to secure a Note from BARNESVILLE VENTURES, LLC of even date in the original principal amount of Three Million Eight hundred Seventy Four Thousand Eight Hundred Seventy Five and 00/100 ($3,874,875.00) Dollars, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Lamar County, Georgia, within the legal hours of sale on the first Tuesday in January, 2011, the following described property:
All that tract or parcel of land lying, situate and being in Land Lots 39 and 58 of the 7th Land District of Lamar County, Georgia, containing 126.942 acres, all as shown on a boundary survey prepared for Standard Properties by Larry G. Sibley, dated 8/24/04, and recorded in Plat Book 15, Page 103, Office of Clerk, Lamar Superior Court. Said plat and its descriptive data are incorporated herein by reference to same.
Deed Stipulation: as per City of Barnesville Ordinances #453, the above property is to be zoned R-1A, R-1B, and C-4 with the following restrictions (C-4):
1. Architectural standards for the commercial lots to be comparable to the type of residential construction in the proposed subdivision, ie. no metal buildings, must be brick, stone, wood or hardy plank, and must be gabled roof of 4/12 pitch minimum with asphalt shingles, exterior colors mist be comparable to the homes in the subdivision.
2. No outside storage.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney's fees (notice of intent to collect attorney's fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, easements, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is Barnesville Ventures, LLC or a tenant or tenants.
United Community Bank, as attorney in Fact for Barnesville Ventures, LLC
L. Lou Allen, Stites & Harbison, PLLC, 11 Mountain Street, Suite 8, Blue Ridge, Georgia 30513, (706) 632-7923
File No. UN131-00163
(12-7)(4)(p)(ts)(aff)gpn11
Notice of Sale Under Power, Georgia, Lamar County
Because of default in the payment of the indebtedness, secured by a Security Deed executed by Danny Barlow to Mortgage Electronic Registration Systems, Inc. as nominee for GreenPoint Mortgage Funding, Inc., its successors and assigns dated October 4, 2002 in the amount of $101,520.00, and recorded in Deed Book 390, Page 3, Lamar County, Georgia Records; as last transferred to Federal National Mortgage Association by assignment; the undersigned, Federal National Mortgage Association pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in January, 2011 , during the legal hours of sale, at the Courthouse door in Lamar County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the City of Barnesville, Lamar County, being shown as Lot 9 in Block "C" of Founder`s Grove Subdivision, as per plat of survey recorded in Plat Book 6, Page 181, Lamar, a copy of which plat is incorporated herein by reference.
which has the property address of 115 Lambdin Circle, Barnesville, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys' fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Danny Barlow and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
Federal National Mortgage Association Attorney in Fact for Danny Barlow
Anthony DeMarlo, Attorney/cyeats, McCurdy & Candler, L.L.C., (404) 373-1612, www.mccurdycandler.com
File No. 10-22240 /FNMA
This law firm is acting as a debt collector and is attempting to collect a debt. Any information obtained will be used for that purpose.
(12-7)(4)(x)(ts)(aff)gpn11
State of Georgia, County of Lamar, Notice of Sale Under Power
Because of a default in the payment of the indebtedness secured by that certain Security Deed, dated June 6, 1999, executed by Dale L. Beaty And Robin K. Beaty to The CitiGroup/Sales Financing, Inc., recorded in Deed Book 269, Page 141, Lamar County, Georgia Deed Records, and securing a Note in the original principal amount of $124,730.19, said Security Deed and Note last having been assigned to Green Tree Servicing LLC, the current holder thereof, has declared the entire amount of said indebtedness evidenced by the Note immediately due and payable and, pursuant to the power of sale contained in said Security Deed, will, on the first Tuesday in January, 2011, to-wit: January 4, 2011, during the legal hours of sale, before the Lamar County Courthouse door, sell at public outcry to the highest bidder for cash, the following described real property:
All that lot, tract or parcel of land situate, lying and being in Land Lot 203 of the 7th Land District of Lamar County, Georgia, containing 16.98 acres, lying on the Southern side of Calvin
Bush Road (a/k/a Reeves Road), and being more particularly described as Lot "5" upon a certain plat of survey entitled "Final Plat: Reeves Creek Farms", prepared by J.R. Wood, GA RLS No. 2048, dated July 9, 1995, a copy of which said plat is recorded in Plat Book 13, page 61, Lamar County Superior Court records. Said plat together with the metes, bounds, courses and distances as shown thereon is incorporated by reference and made a part hereof as fully as if set out herein.
This is a portion of the same property which was conveyed until W. Neal Bolton by Warranty Deed from Willie R. Williams dated August 1, 1995, and recorded in Deed Book 177, pages 542-543, aforesaid records.
Less and Except any part of the property which may lie within the bundle of any public roadway.
Together with a security interest in that certain 1998 Skyline mobile home, serial number 9D630409KABC.
The aforedescribed real property, together with the above described 1998 Skyline mobile home, is also known as 5 Reeves Road, Barnesville, Georgia 30204 a/k/a 273 Reeves Road, Barnesville, Georgia 30204, according to the present system of numbering houses in Lamar County, Georgia.
This sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit as to the amount and status of the loan with the holder of the Security Deed, including but not limited to, a determination that the borrower has not reinstated the loan prior to the foreclosure sale.
Said real property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the real property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
Upon information and belief, said real property is presently in the possession or control of Dale L. Beaty and Robin K. Beaty and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney's fees, all as provided in said Security Deed and the excess proceeds, if any, will be distributed as provided by law.
Green Trees Servicing, LLC, as Attorney-in-Fact for Dale L. Beaty and Robin K. Beaty
David W. Adams, Esquire, Ellis, Painter, Ratterree & Adams LLP, 2 East Bryan Street, Suite 1001, Savannah, Georgia 31401, (912) 233-9700
This law firm is attempting to collect a debt on behalf of the above-referenced lender and any information will be used for that purpose.
(12-7)(4)(p)(ts)(af)gpn11
State of Georgia, County of Lamar, Notice of Sale Under Power in Deed to Secure Debt
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from Adam Brent Chipman and Rebecca F. Chipman to Mortgage Electronic Registration Systems, Inc. in the original principal amount of $210,500.00 dated 09/12/2007, and recorded in Deed Book 654, page 13, Lamar County records, said Security Deed being last transferred and assigned to CitiMortgage, Inc. in Deed Book 739, Page 61, the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday of January, 2011 by CitiMortgage, Inc., as Attorney-in-Fact for Adam Brent Chipman and Rebecca F. Chipman the following described property:
All that tract or parcel of land lying and being in Land Lot 124 of the 7th Land District of Lamar County, Georgia containing 3.942 acres and being Tract “B2-1” as shown on plat of survey prepared for Kendall Morris by Kenneth E. Presley, RLS No. 1327, dated November 1, 2005 and recorded in Plat Book 15, Page 262, Lamar County, Georgia deed records. This plat, together with its metes, bounds, courses and distances, is hereby incorporated by reference herein and made a part hereof.
Property known as: 430 Crawford Rd, Barnesville, GA 30204
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney's fees, (notice having been given as provided by law).
The property will be sold as the property of The Aforesaid Grantors subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
Pursuant to O.C.G.A. Section 44-14-162.2 the name of the person or entity who has the full authority to negotiate, amend, or modify the terms of the aforementioned indebtedness is:
CitiMortgage, Inc., 1000 Technology Drive, O'Fallon, MO 63368, PHONE: 866-272-4749.
Nothing contained in this Notice of Sale shall obligate Lender to negotiate, amend or modify said indebtedness.
To the best of the undersigned's knowledge and belief, the party in possession is Adam Brent Chipman and Rebecca F. Chipman.
CitiMortgage, Inc., as Attorney-in-fact for Adam Brent Chipman and Rebecca F. Chipman.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Pendergast & Associates, P.C., South Terraces, Suite 1000, 115 Perimeter Center Place
Atlanta, GA 30346, Phone – (770) 392-0398, Toll Free – (866) 999-7088, www.penderlaw.com
Our File No. 10-05377
(12-7)(4)(p)(ts)(aff)gpn11
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